FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing the filing of an amicus brief in the aftermath of the Federal Circuit’s recent treatment of “skinny labels;”
• a conversation about President Biden’s potential federal court nominations based on previous picks and patterns; and
• an article discussing how steel importers are urging the Federal Circuit to reverse a panel decision upholding levies on steel imports.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing how the Patent Office “let’s women shine in court while Big Law sends men,”
• commentary on a Federal Circuit decision addressing the timeline limitations on interlocutory appeals,
• a blog post discussing a transition in the position of the Deputy Director of the USPTO, and
• an article highlighting a Federal Circuit case that may determine an Appointments Clause challenge to the members of the Merit Systems Protection Board.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article discussing a Federal Circuit decision upholding three patents concerning antibody treatment for migraines, another article highlighting a summary affirmance of a district court’s invalidation of a patent for ineligibility, an article about a Federal Circuit determination that the Patent Office cannot recoup expert witness fees in lawsuits filed in district court by unsuccessful patent applicants, and commentary on a recent ruling about the applicability of the Administrative Procedure Act in the context of inter partes review proceedings.

Federal Circuit Upholds Teva-GlaxoSmithKline Decision, Landing Another Blow to ‘Skinny’ Labels – On EndPointsNews, Zachary Brennan wrote about the Federal Circuit’s most recent disposition in the case GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. and its impact on generic drug competition.

CAFC Again Says Teva Induced Infringement on Carvedilol, Assures Holding Narrowly Applies – Eileen McDermott also reports on GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., noting that the Federal Circuit “underscored its October 2020 ruling.”

Fed Circ Upholds VA Cutoff On Resuming Disability Benefits – Barbara Grzincic wrote an article for Reuters explaining the Federal Circuit’s decision in Buffington v. McDonough.

Is the Federal Circuit Too Trigger-Happy Invalidating Means Claims? – This question is asked by Dennis Crouch on PatentlyO, where Crouch focuses on “an interesting petition to the Supreme Court focusing on indefiniteness and means-plus-function claims.”

Apple Must Face Apple Watch Patent Claims, Fed Circ. Affirms – Blake Brittain posted an article on Reuters.com about how Apple “lost its bid to escape patent infringement claims over its Apple Watch technology . . . at the U.S. Court of Appeals for the Federal Circuit.”

Teva’s Generic Label Not Skinny Enough to Protect from $234M Damages to GSK – In an article written by Khadijah M. Silver on MedCityNews.com, Silver reports that the Federal Circuit issued a “controversial” decision about Teva’s “skinny label.”

CAFC Affirms Improper Venue Ruling in Victoria’s Secrets’ Favor – On IPWatchDog, Matthew Schutte posted an article reporting on a Federal Circuit decision to affirm the grant of a motion to dismiss a patent infringement suit based on improper venue.

Judge Albright will Keep the Google and Apple Cases – In a post on PatentlyO.com, Dennis Crouch offers his thoughts on the Federal Circuit’s recent decision not to order Judge Albright to transfer certain patent cases.

Arthrex-Based TTAB Challenge Meets Dubious Federal Circuit Panel – Kyle Jahner reports for Bloomberg that “[a] piano company trying to revive its trademark encountered a Federal Circuit skeptical of its argument.”

Shell, ARCO, Texaco, Unocal Win $100 Million WWII Cleanup Appeal – In this article on BloombergLaw.com, Daniel Seiden reports on the Federal Circuit’s ruling in Shell Oil Co. v. United States.

How J.E.M. and Chakrabarty Make the Case for DABUS – Kirk Hartung wrote an article for IPWatchDog about J.E.M. Ag Supply, Inc., v. Pioneer Hi-Bred International, Inc. and Diamond v. Chakrabarty, discussing their impact on patent protection with resect to inventions created using artificial intelligence.

Teva to Defend Ruling Allowing Narcan Generic at Federal Circuit – Perry Cooper posted an article on BloombergLaw reporting that a three-judge panel of the Federal Circuit will consider an appeal in Adapt Pharma Operations v. Teva Pharm. USA, Inc. and if the decision is upheld, “[Narcan] generics can come to market 15 years sooner.”

Apple Asks SCOTUS to Hear Inter Partes Review Appeal – In an article on LawStreetMedia, Christina Tabacco writes about a case involving Apple and Optis Cellular Technology LLC, Optis Wireless Technology, LLC, and Unwired Planet International Limited.

Federal Circuit Judge Kathleen O’Malley to Retire Next March – Blake Brittain reports for Reuters about how Judge O’Malley, appointed by President Obama in 2010, will retire next March.

O’Malley Retirement Leaves Fed. Cir. With No Ex-Trial Judges – Perry Cooper also reports about Judge O’Malley’s retirement on BloombergLaw.com, noting that “O’Malley is [the] court’s only former district court judge.”

Federal Circuit Nixes Appeal on Claims of Unfair Treatment by California Court in Pro Se Lawsuit Over Restrictions to Cancer Research – Steve Brachmann writes on IPWatchDog.com about the Federal Circuit’s nonprecedential decision in Siegler v. Sorrento Therapeutics, Inc.

Possible Vaccine Mandate for Federal Employees Raises Host of Tricky Questions, Attorneys Say – In an article on FederalNewsNetwork.com, Nicole Ogrysko writes about a 2002 Federal Circuit case, Mazares v. Department of the Navy, and how it may impact mandatory COVID-19 vaccines for the federal work force.

Last Friday the Federal Circuit sua sponte vacated its June 30, 2021 panel decision in Taylor v. McDonough, a veterans case asking whether a veteran was entitled to an earlier effective date for his benefits due to restraints on his ability to disclose his participation in “chemical agent exposure studies at the Edgewood Arsenal in Edgewood, Maryland (Edgewood Program).” The Federal Circuit also granted en banc review of the case. According to Friday’s order, the en banc court will consider whether application of the doctrine of equitable estoppel to provide the veteran with the earlier effective date violates the Constitution’s Appropriations Clause and, conversely, whether denial of the earlier effective date violates the constitutional right-of-access doctrine. Here are the details.

The U.S. Court’s website reveals that Federal Circuit Judge Kathleen O’Malley plans to retire from the bench on March 11, 2022. Judge O’Malley has served as a Federal Circuit judge for over ten years and, given her past experience as a federal district judge, as a federal judge for over twenty-six years. Notably, when paired with Judge Wallach’s taking senior status this past May, Judge O’Malley’s retirement may mean that the Federal Circuit will not have any active judge with prior experience as a trial judge. That said, coming on the heels of Tiffany Cunningham’s confirmation vote last week, Judge O’Malley’s retirement will provide President Biden with his second opportunity to appoint a judge to the Federal Circuit, and perhaps President Biden will seek an experienced district judge to fill Judge O’Malley’s position.